The news this week that U.S. District Judge G. Garvan Murtha had issued an injunction that prevents Vermont from closing the 40 year old Vermont Yankee nuclear power plant is disappointing, and quite frankly scary.
The plant’s state permit expired yesterday, March 21. The plant has been plagued by leaks, by lies and other issues both major and minor.
The injunction comes after Judge Garvan issued a January ruling asserting that Vermont legislators had overstepped their boundaries and trampled on federal jurisdiction when the state ruled in 2010 that Vermont Yankee would not be allowed to renew its license for another 20 years.
The state has appealed the ruling and had also argued that Vermont’s Public Service Board needed to issue a certificate of public good in order for Vermont Yankee to operate after March 21.
This week’s ruling specifically prevents the state from closing the nuclear plant due to its lack of a certificate of public good.
This leaves the state balancing on a narrow legal ledge, as it works its way towards its goal of closing the plant. And while this is unfortunately playing out in court, the fact is that the plant is no longer safe.
The plant’s operators, Entergy, have no plan for handling waste after this week’s deadline –never The plant’s operators, Entergy, have no plan for handling waste after this week’s deadline –never mind that they have no permit for handling that waste either.
Entergy has not properly funded the decommissioning fund that would have handled the plant through this week’s deadline and have assuredly not earmarked funds for the plant to continue operations.
The plant owners have lied to the state about leaks, about pipes, about safety and about intent. Vermonters are right to be worried about how to get the plant closed and ensure the safety of Vermont and neighboring states.
One would think that the disaster of the Fukushima Daiichi nuclear plant in Japan would be etched firmly in the minds of nuclear regulators and federal judges alike.
